Registration of a car by inheritance: how to re-register in the traffic police, how to sell, tax

What to do with the car after the death of the owner

The only thing that can be done with the car immediately after the death of the owner is to put it in a garage, in a parking lot or in any other place. It cannot be used even if you have a power of attorney. It ceases to be valid in accordance with Article 188 of the Civil Code of the Russian Federation. For further use, the new owner must obtain a certificate of inheritance from a notary, then the car must be registered and continue driving. Or sell it.

However, in fact, most drivers who drive by proxy continue to calmly drive the vehicle, especially if there are no heirs besides them. This fact may even “play a plus” if the heir accidentally misses the deadline for entering into the inheritance (6 months from the date of death of the testator), as it will become the basis for recognizing the actual acceptance of the inheritance.

In the latter case, the fact who looked after the car, repaired and used it will be of great importance. It is recommended to keep all receipts and documents. However, operating under such an invalid power of attorney is still illegal and may cause problems with the police.

Subtleties of the re-registration procedure

It would not be amiss to think long before the end of the procedure for re-registration of a car by inheritance about what to do with it afterwards. For example, there is no need to re-register the car in your name if it is later sold.

The re-registration must be carried out by the new owner, while the heir just needs to receive a certificate of the right to inheritance in due time. Of course, finding a buyer must be done in advance.

Expert opinion

Romanov Igor Severinovich

Lawyer with 7 years of experience. Specialization: civil law. Extensive experience in developing legal documentation.

It’s a different matter when the car is inherited by several heirs at the same time . In this case, the car is registered on behalf of only one of them.

The remaining owners will be entered into the PTS, and this information will be entered into the traffic police database. When submitting documents to the traffic police for re-registration of a car by inheritance, it is additionally necessary to submit written statements on behalf of the remaining owners about their consent.

The waiting time for entering into an inheritance can be significantly reduced if the testator draws up not a will for his car, but a gift agreement. Then there will be a simple transfer of ownership, and the heir will only be able to go through the procedure of re-registering the car with the traffic police, bypassing the lengthy procedure for entering into an inheritance.

The procedure for registering ownership of a vehicle is clearly regulated. However, in order to re-register a car received as an inheritance, you need to know some nuances.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Terms of inheritance

When receiving a car as an inheritance, the same deadlines apply as in any other case. Strictly 6 months are given for this. The countdown starts from the day following death and ends exactly six months later. If the end date falls on a weekend or holiday, the deadline is moved to the next working day.

If the fact of death is recognized in court, then the countdown begins the next day after the announcement of the decision. Read more about this here.

Options for inheritance

There are two ways to enter into an inheritance, depending on how exactly it was formalized:

• In law. This method assumes that the testator did not have a will. In such a situation, the heir legally receives the right to part of the car (if there are several heirs) or to the whole of it (if there are no other heirs).
• According to the will. In this case, it is assumed that the testator has executed a will and all further actions of the heirs must be tied to this document.

Example: If there are several heirs, but the will states that only one of them receives full use and disposal of this particular car, then the rest do not have the right to claim the vehicle.

If the heir by law or will is a minor, parents or guardians will decide instead on the future fate of the car.

Car valuation and state duty

When you have to pay a share of the cost of a car to relatives who have a share in the inheritance, it makes sense to try to come to an amicable agreement so as not to go to court and not incur legal costs. Before re-registering a car, an agreement is drawn up on the division of the property values ​​of the deceased. To register a car as an inheritance at the traffic police, you need to bring a certificate and receive a new registration certificate. You will have to pay the state duty according to the established tariffs:

1. 350 rubles to change the data specified in the registration certificate;
2. 500 rub. when replacing the PTS with a new one.
3. 2000 rubles if you want to change your registration number.

Dividing property through the court and determining the value of shares require that the property have a cash equivalent. According to the law, before inheriting a car, it is necessary to pay the rest of the relatives their share of the inheritance. The price is determined taking into account the condition, mileage, year of manufacture. It must be objective and correspond to the market at the time of re-registration of the car.

The assessment is made based on the conclusion of an independent commission. These may be employees of special organizations. The main thing is that several heirs, or better yet all, agreed with the assessment. If the price is determined in words, there is a chance that many will not agree with the announced figure, and disputes will begin. Only after determining the monetary equivalent of shares and payments can you take ownership of the car after inheriting.

How to inherit a car

When the fact of death has been established and the six-month countdown has begun, you must contact a notary for a certificate of inheritance. Only after receiving it can you register or sell the car.

Procedure and procedure

• Submitting documents to a notary to obtain a certificate of inheritance. This must be done within 6 months from the date of death of the previous owner.
• Check the vehicle diagnostic card. If the deadline has come, perform a technical inspection.
• After this, you need to obtain an MTPL insurance policy. Without it, it is impossible to register a car with the traffic police.
• The last step is to contact any traffic police department and register. You will need to pay an additional state fee, which can usually be done on the spot. A receipt with all the details will be issued there.

From the moment of receiving the certificate from the notary, the new owner has only 10 days to register the car. Otherwise you will have to pay a fine.

Documentation

To issue a certificate, the notary will need the following documents:

• Death certificate of the previous owner of the car.
• Documents confirming relationship. Most often this is a birth or marriage certificate.
• Heir's passport.
• Previous vehicle registration certificate.
• Registration certificate for the car.
• Conclusion of the assessment.
• Receipt of payment of the duty.

If there is a complete package of documents, the notary draws up a certificate, but issues it no earlier than 6 months from the date of death. An exceptional case: there is only one heir and he can prove it.

Car valuation

For this operation, you can choose any appraisal company. There are a lot of them now and choosing the right one won’t be difficult.

Request licenses to engage in appraisal activities. Without them, the report will not be valid and will not be suitable for the notary. It is recommended to clarify in advance what exactly the assessment is being ordered for.

The following documents will be required:

• Documents confirming death (certificate or court decision).
• Passport of the customer-heir.
• Vehicle registration card.
• Car passport.
• Certificates of traffic accidents, if any.
• Data on machine repair and/or replacement of parts.

It is recommended to prepare copies of all listed documents.

There are two options for conducting an assessment: on-site and remote. For a notary, this moment does not play any role, so in order to save money, it makes sense to choose a cheaper method. In the first case, employees of the appraisal company will arrive at the location of the car, photograph and inspect it, and then begin to draw up a report. In the second case, only documents provided by the client, as well as photographs taken by him, are used.

Based on the information collected, comparing the price of the car with similar offers on the market and making adjustments for mileage, damage and modernization, appraisers will give the final cost. The amount of the state duty will be calculated from this.

How much does it cost, expenses

A car appraisal for a notary costs on average 1-2 thousand rubles, depending on the chosen appraisal company, the complexity of the task and the location of the car.

For the preparation and subsequent issuance of the certificate, the notary will require payment in the amount of:

Example : The deceased Ivan Ivanovich had a car. The only heir, his son Vasily Ivanovich, in order to become the owner of the vehicle, conducts an assessment, during which it turns out that such a car now costs 1 million rubles. He paid 2 thousand rubles for the report. Now you need to pay the state fee. Its size will be 0.3% of 1 million = 3 thousand. Total, at the initial stage you need to pay 3 + 2 = 5 thousand rubles. These amounts are regulated by Article 333.24 of the Tax Code of the Russian Federation. The Tax Code also provides benefits in the amount of 50% for disabled people of groups 1 and 2 (Article 333.38 of the Tax Code of the Russian Federation).

How the car is divided, who will get the car if there are several heirs

The division of inherited property is always a headache. With apartments everything is quite simple, it can be divided into shares, which can then be easily bought out or everyone can live together if the relationship is normal and there is enough space.

With a car everything is much more complicated. According to Article 1141 of the Civil Code of the Russian Federation, all heirs have the right to an equal share. But only one person can drive the vehicle. The car also needs to be maintained, repaired, refueled, paid for insurance and tires changed. Moreover, you can register a car only for one person, who will manage the equipment. There are 3 ways out of this situation:

• Share repurchase . In this case, one heir buys up the shares of the remaining applicants for the car. Of course, this is a voluntary procedure. After which he can register the car with the traffic police (traffic police) in the manner indicated below.
• Agreement . All heirs agree that registration will be made in the name of only one of them. In this case, the vehicle remains in common ownership, although formally, it will be used by the person to whom the car is registered.
• Court . If there is no agreement between the heirs on how to divide the car, keep it or sell it, you can go to court. As part of the consideration of the case, a decision will be made that will have to be followed regardless of whether people agree with it or not.

In addition, the car can simply be sold by dividing the resulting amount between the heirs. To do this, it does not need to be registered with the traffic police. It will be enough to obtain a certificate from a notary and find a buyer. When selling a car inherited earlier than after 3 years of ownership, you will have to pay a tax of 13% on the amount over 250 thousand.

Example : You inherited a car that can be sold for 600 thousand. After receiving the money, the state will have to pay 13% of 350 thousand (600-250 = 350), that is, 45.5 thousand rubles. If the car were sold for 250 thousand or less, then there would be no need to pay tax.

The option of dividing property after the death of a husband or wife looks complex and ambiguous. This implies a situation with inheritance by law, since with a will everything is clear - whoever is included there receives it.

It is a completely different matter if there was no will. In this case, two options are possible:

• The car was purchased during marriage and is jointly acquired property. The living spouse is entitled to half the car, even if there are multiple other heirs (such as children).
• The car was purchased before marriage, received as a gift or by inheritance. It is the personal property of the husband/wife. Inheritance occurs according to standard rules, in which each claimant to the property receives an equal share.

Example : The husband owns a car that he bought during marriage. The family consists of him, his wife and two children. After his death, half of the car goes to his wife, and the rest is divided between all three. Thus, the children receive only 16.67% of the car each, and the wife, respectively, 66.67%. If the husband had received this car as a gift or bought it before marriage, then the wife would have the right to only a third of the property, as would each of the children.

Regardless of the initial situation, further design is no different from the standard version.

Inheriting a car

Like any property, a car can only be inherited if it is registered as the property of the testator. Therefore, if a citizen bought a car by power of attorney, then his heirs will not be able to claim it. Moreover, they will not be able to receive the deceased’s money paid for him.

If the testator is the owner, then the car can be inherited:

1. According to an inheritance agreement. To do this, the owner of the vehicle must enter into an agreement with a potential heir during his lifetime. Moreover, any legal entity or citizen can act as an heir. The document is certified by a notary. It is necessary to obtain the consent of the heir to enter into an agreement.
2. According to the will. The will must be drawn up by a notary. The contents of the will are kept secret from the heirs and third parties. Relatives, other citizens, organizations, and the state can act as heirs.
3. In law. If the owner of the car has not drawn up an inheritance agreement or will, then the car is inherited by his relatives. The first priority heirs are the spouse, children and parents. The car will be divided among all the heirs of the same line who submitted an application to the notary in equal shares.

Separately, it is necessary to highlight the dependents of the deceased. These are citizens who were supported by the owner for at least 1 year before his death.

If a potential dependent is a relative, then in order to be included in the heirs, he must prove the fact of regular receipt of financial assistance from the deceased and his own inability to work (minor age or disability).

If the potential dependent is not a relative, then the fact of being a dependent will have to be established through the court. He must prove his own disability, being supported for at least 12 months, living together and maintaining a common household.

The dependent receives a share in the inheritance of the deceased, on an equal basis with the heirs of the queue entering into rights.

In addition, dependents, minor children, disabled adult children, parents, spouses have the right to a mandatory share in the inheritance when drawing up a will. The testator is obliged to provide for them a share in the property of at least ½ part of the share that they would have received during inheritance by law.

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You might find it useful:

State duty calculator for inheritance

Samples of inheritance documents

Consultation with a lawyer on inheritance

How to re-register a car after the death of the owner in the traffic police

To re-register documents for the new owner, you must first check the diagnostic card and, if necessary, conduct a new technical inspection. After which you need to conclude a compulsory motor liability insurance contract. According to the new rules, it is not necessary to provide it to the traffic police on paper; the fact of insurance is sufficient. The inspector will independently find all the required information in the databases. When everything is done, you can go with a complete list of documents to the nearest traffic police department and register the vehicle.

Electronic queue

For the convenience of motorists, the traffic police have installed terminals through which an electronic queue system is implemented.

How to work with the terminal:

• Click on the “Make an appointment” item.
• Select “Vehicle registration”.
• Please indicate a suitable date and time for your appointment.
• Enter the transport passport number and last name of the new owner.
• Check the information and click “Agree.”

At the end of the procedure, the person receives a coupon indicating the time and date of the appointment, as well as a number that is displayed in the waiting room.

Re-registration through the public services portal

You can also register a car on the State Services portal:

• Go to the portal. Registration required.
• Select the item “Vehicle registration”. It can be found in the list of popular services.
• Enter the details of the car and the new owner.
• Indicate the place and time of registration.
• Print the application and receipt.
• Pay the receipt.
• At the specified time, appear at the selected department with a complete package of documents.

Such a system will significantly reduce the reception time, although it will still not be possible to completely avoid visiting the traffic police.

Registration period

Registration of a car received as an inheritance must occur no later than 10 days from the date of receipt of the certificate from the notary. Starting from 2021, only 1 hour is allotted for the procedure itself, but in practice, with large queues, it may take more time. In rare cases, you have to wait up to 3 days for the queue to pass.

Documents for OSAGO

To obtain an MTPL insurance policy, the following documents are required:

• Statement. Filled out right on the spot, according to the form issued by the company.
• A certificate of inheritance received from a notary.
• Car passport.
• Inspection card.
• Civil passport of the new owner.

Not only the owner, but also his representative can insure the car. To do this, a power of attorney should be added to all the listed documents.

Documents for the traffic police

To register a vehicle, you need to prepare the following documents:

• Owner's civil passport.
• Application for re-registration of a car.
• Passport for the car.
• Vehicle registration certificate.
• A certificate of inheritance received from a notary.
• OSAGO policy*.
• Receipt for payment of state duty.

*If it is not in paper form, it’s not a big deal. The traffic police inspector will be able to find all the necessary information in his database. The fact of existence is important.

It is recommended to prepare copies of all documents in advance.

State duty, fine and insurance payment

The amount of state duty when registering a car:

Art. 19.22 of the Code of Administrative Offenses of the Russian Federation states that if the new owner did not manage to register the car within 10 days, he will be fined in the amount of 1.5 to 2 thousand rubles. In addition, you will also have to pay for the MTPL policy. The price varies widely, depending on the vehicle and its new owner, starting from 3 thousand and above.

Fines from the previous owner

Car fines are administrative, that is, directly related to the identity of the vehicle owner. In accordance with paragraph 1 of Article 418 of the Civil Code of the Russian Federation, obligations under them terminate in the event of death. Thus, the new owner is not obliged to pay for them.

Receiving a car by inheritance and its subsequent registration, especially if there are a large number of applicants, is a rather complex and ambiguous process. Our lawyers will be able to provide a free consultation, as well as take on all the most controversial issues, protecting the rights of the heir.

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